TERMS AND CONDITIONS
1. General These General Terms and Conditions (GTC) apply to all services provided by GEBRÜDER HARTMANN GMBH AG (headquarters in Grindelwald) and operating under the name GEBRÜDER HARTMANN GMBH, Schulgässli 1a, 3800 Matten, registered in the commercial register under CH-036.4.072.970-5 (referred to as "GEBRÜDER HARTMANN GMBH") to the guest availing themselves of the services (referred to as the "Contracting Party"). GEBRÜDER HARTMANN GMBH primarily provides paid holiday accommodations (studios, apartments, and chalets).
2. Reservation and Contract Conclusion
2.1. The Contracting Party can book the rental property with GEBRÜDER HARTMANN GMBH via telephone, verbally, in writing, via email, or through the internet. Upon GEBRÜDER HARTMANN GMBH's receipt of the booking, the contract with GEBRÜDER HARTMANN GMBH is considered binding. From that moment, the rights and obligations under the contract and these GTC become effective for the Contracting Party and GEBRÜDER HARTMANN GMBH.
2.2. The Contracting Party will receive a reservation confirmation from GEBRÜDER HARTMANN GMBH. The details in the reservation confirmation (specifically the rental property, occupancy, duration, rental price, payment deadline, cancellation conditions) are binding.
2.3. GEBRÜDER HARTMANN GMBH is entitled to conclude the contract on the condition that the Contracting Party pays the rental price and charges for additional services (such as final cleaning, bed linen, tourist tax, and similar) in whole or in part in advance. In this case, GEBRÜDER HARTMANN GMBH is obliged to notify the Contracting Party of the payment deadline upon booking. If the payment is not made on time, the contract lapses immediately, and the Contracting Party owes GEBRÜDER HARTMANN GMBH a lump-sum compensation, the amount of which is determined according to Clause 6 of these GTC.
3. Arrival and Departure / Pets
3.1. The rental property is available from 3:00 PM on the arrival day and must be vacated by 11:00 AM on the departure day. Early arrival or late departure is possible only with prior agreement from GEBRÜDER HARTMANN GMBH.
3.2. If the rental property is not taken over or taken over late or is vacated early, the entire rental price remains due.
3.3. Pets are not allowed in any of the properties.
4. Price / Price Changes
4.1. The prices published by GEBRÜDER HARTMANN GMBH are daily rates for the entire rental property. All prices include the currently valid statutory value-added tax. By booking, the Contracting Party accepts this price.
4.2. Not included in the price and to be paid additionally is the tourist tax. Additional services are also not included in the price.
4.3. Price changes in comparison to the published prices are subject to change. The details in the reservation confirmation are binding. Price adjustments are reserved if the Contracting Party makes changes to the order, especially concerning the number of guests or the rental period.
5. Payment Terms
5.1. Unless otherwise stated in the reservation confirmation, the following payment terms apply to the Contracting Party: The price for a non-cancellable contract is due for payment at the time of booking. The price for a cancellable contract is due for payment 42 days before the start of the rental; if a cancellable contract is booked after the 42nd day before the rental starts, the price is due for payment at the time of booking.
5.2. The payment deadlines mentioned in the reservation confirmation and the dates mentioned in Clause 5.1 of these GTC are considered expiration dates within the meaning of Article 102 of the Swiss Code of Obligations.
5.3. In case of late or incomplete payment, GEBRÜDER HARTMANN GMBH has the right to withdraw from the contract, unless the contract has lapsed according to Clause 2.3. In the event of withdrawal, the Contracting Party owes GEBRÜDER HARTMANN GMBH a lump-sum compensation, the amount of which is determined according to Clause 6 of these GTC.
5.4. All payments are to be made without deduction and without discount. The costs for the financial transaction (e.g., transfer fees) are always borne by the Contracting Party. The terms and conditions of the credit and debit cards apply for credit and debit card payments.
5.5. GEBRÜDER HARTMANN GMBH is entitled to reject foreign currencies, cheques, and credit cards. If foreign currencies are accepted, they will be accepted at the daily exchange rate, and the Contracting Party is responsible for all related costs.
5.6. If the Contracting Party uses a credit card for the payment of GEBRÜDER HARTMANN GMBH products with a prepayment obligation without physically presenting it (e.g., over the phone, internet, etc.), the Contracting Party is not entitled, in relation to GEBRÜDER HARTMANN GMBH, to revoke this charge with their credit card institution.
6. Contracting Party’s Withdrawal ("Cancellation")
6.1. If the Contracting Party completely or partially withdraws from the contract (for example, by reducing the length or terms of reference of the contract), they owe GEBRÜDER HARTMANN GMBH a withdrawal fee within the meaning of Article 158 of the Swiss Code of Obligations, unless the (possible partially) withdrawal was caused by GEBRÜDER HARTMANN GMBH's fault. The amount of the withdrawal fee is: Full refund for cancellations up to 30 days before check-in. If booked fewer than 30 days before check-in, full refund for cancellations made within 48 hours of booking and at least 14 days before check-in. After that, 50% refund up to 7 days before check-in. No refund after that.
6.2. The arrival of the withdrawal notice at GEBRÜDER HARTMANN GMBH is decisive (if it falls on a Sunday or public holiday, the next working day is decisive).
6.3. If the Contracting Party has concluded a non-cancellable contract, they owe GEBRÜDER HARTMANN GMBH 100% of the rental price, regardless of the time of withdrawal.
7. Withdrawal / Termination by GEBRÜDER HARTMANN GMBH
7.1. GEBRÜDER HARTMANN GMBH is entitled to withdraw from or terminate the contract immediately according to legal provisions in case of an important reason. These reasons include:
a) The Contracting Party does not fulfil a due service.
b) GEBRÜDER HARTMANN GMBH's fulfilment of the contract becomes impossible due to force majeure, strike, sale of the property by the owner, or other circumstances beyond GEBRÜDER HARTMANN GMBH's control.
c) The Contracting Party provides misleading or false information regarding essential data.
d) The Contracting Party or an individual associated with them films, photographs, copies, reproduces, or otherwise uses the name, logo, company, or brand of GEBRÜDER HARTMANN GMBH in text, image, audio, or video without prior written consent from GEBRÜDER HARTMANN GMBH and makes it available to another (closed or open) group of individuals, or intends to do so.
e) The premises related to the contract are wholly or partly sublet without written consent from GEBRÜDER HARTMANN GMBH.
f) GEBRÜDER HARTMANN GMBH has justifiable reasons to believe that the use of the booked service could endanger the smooth operation of business, the safety, or the reputation of GEBRÜDER HARTMANN GMBH in public.
g) The Contracting Party or an individual associated with them significantly breaches the duties according to Clauses 8.2 and 8.3 (Care and Consideration).
h) The Contracting Party, through reckless, offensive, or otherwise grossly improper behaviour towards GEBRÜDER HARTMANN GMBH or its employees, or by engaging in a punishable act against property, morality, or physical integrity, is guilty, whether attempted or reasonably suspected.
7.2. GEBRÜDER HARTMANN GMBH must promptly inform the Contracting Party of the exercise of withdrawal/termination, at the latest within 14 days after becoming aware of the reason. The justified termination of the contract by GEBRÜDER HARTMANN GMBH does not warrant any claims by the Contracting Party for a refund of the rental price, damages, or any other services. GEBRÜDER HARTMANN GMBH reserves the right to claim compensation from the Contracting Party for any damage resulting from the withdrawal/termination.
8. Obligations and Liability of the Contracting Party
8.1. The rental property can only be occupied by the number of persons specified in the booking confirmation (including children and infants). In the case of over-occupancy, GEBRÜDER HARTMANN GMBH has the right to refuse the hand-over of the rental property.
8.2. The rental property, including the equipment (furniture, appliances, etc.), should be used carefully. Consideration for neighbours and residents should be always taken. Cleaning the kitchen equipment, dishes, cutlery, and waste disposal is the responsibility of the Contracting party and is not included in the final cleaning.
8.3. If the Contracting party or an individual associated with them causes damage, this should be immediately reported to GEBRÜDER HARTMANN GMBH. The Contracting party is liable for damages caused by them or an individual associated with them. The same applies if the apartment cannot be handed over to future Contracting parties due to damages.
8.4. Key Loss In the case of losing one or more apartment keys during the rental period, the Contracting party is fully responsible for the replacement.
9. Warranty and Liability of GEBRÜDER HARTMANN GMBH
9.1. If the property is not in the agreed-upon condition, this should be promptly reported to GEBRÜDER HARTMANN GMBH. If no immediate report of defects in the rental property is made at the beginning of the rental, the property is presumed to be free of defects. If defects arise during the rental period, they must also be promptly reported to GEBRÜDER HARTMANN GMBH. Any claims must be submitted to GEBRÜDER HARTMANN GMBH in writing no later than 14 days after the contractual end of the rental, along with necessary evidence (photos, etc.). Failure to comply with the aforementioned rules forfeits any claims for damages.
9.2. GEBRÜDER HARTMANN GMBH ensures a property that meets the contract. If the rental property does not meet the terms of the contract, GEBRÜDER HARTMANN GMBH has the right to offer the Contracting party an equivalent substitute property. If the Contracting party declines this offer, they have no claims for damages against GEBRÜDER HARTMANN GMBH. If GEBRÜDER HARTMANN GMBH cannot offer the Contracting party an equivalent substitute property, the liability of GEBRÜDER HARTMANN GMBH is subject to the following provisions.
9.3. GEBRÜDER HARTMANN GMBH is only liable for proven fault. The liability of GEBRÜDER HARTMANN GMBH for negligence is excluded to the extent permitted by law. The liability of GEBRÜDER HARTMANN GMBH for auxiliary persons is excluded.
9.4. GEBRÜDER HARTMANN GMBH's liability for damages other than personal injury is limited to the rental price, minus the services already provided, with the demands of all affected individuals added together.
9.5. GEBRÜDER HARTMANN GMBH is not liable for wasted holiday time, lost holiday enjoyment, frustration damages, and the like.
9.6. GEBRÜDER HARTMANN GMBH is specifically not liable if the damage is due to: · Actions or omissions of the Contracting party or an individual associated with them · Actions of third parties · Force majeure · Other unforeseeable and unavoidable events · Damages and losses due to burglary
9.7. These provisions also apply analogously to non-contractual liability.
10. Data Protection The Contracting party agrees that the data provided in the context of the booking may be used for the purpose of contract fulfilment, accounting, internal market research, and marketing purposes by GEBRÜDER HARTMANN GMBH, even in an automated manner. The Contracting party may submit their justified and well-founded requests for information, correction, deletion, or objection regarding their stored data in writing to GEBRÜDER HARTMANN GMBH, giving their consent for their request to be processed via email by GEBRÜDER HARTMANN GMBH. Furthermore, reference is made to the data protection declaration on www.gbr-hartmann.ch
11. Choice of Law and Jurisdiction
11.1. This contract is subject to Swiss formal and substantive law, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2. For all disputes arising from this contract or related to its violation, dissolution, or nullity, as well as for non-contractual claims, the court at the seat of GEBRÜDER HARTMANN GMBH (jurisdiction in Interlaken/BE, Switzerland) is exclusively competent, where GEBRÜDER HARTMANN GMBH is entitled to assert its rights and claims before any other local and substantively competent court.
11.3. Provisions on local jurisdiction in consumer contracts remain reserved.